VERO BEACH - The DUI trial of County Administrator Joe Baird continues Wednesday with more defense witnesses testifying about his physical condition before his arrest at 10:25 p.m. May 16 in Vero Beach.

Baird "appeared perfectly normal to me" around 10 p.m., Baird's long-time friend John Binkley testified Tuesday at the end of trial testimony for the day.

Testimony is expected to end Wednesday, possibly in time for the case to go to jurors for a decision.

If convicted, a judge could sentence Baird to up to six months in jail, said Assistant State Attorney David Dodd.

Binkley saw Baird at a community fundraiser near Wabasso where Baird drank up to two beers, Binkley said. As Baird left, he walked as usual: "He's gangly, like a big giraffe," Binkley said.

Police offices told jurors Baird appeared impaired, smelled of alcohol and failed roadside sobriety tests after he was stopped on 21st Street, after speeding and having an errant brake light.

Police Lt. Matt Harrelson testified he saw a spilled cup of alcohol in Baird's vehicle and Harrelson guessed it was rum. But police neither took the cup for evidence nor ran tests to see if the liquid was alcohol, the officer said.

When asked to count down from 44, Baird got to 31, then skipped to 20, repeated 20 and then counted up from 29 to 30, said Officer Jeffrey Bryson who did the roadside sobriety test. He also contended Baird swayed as he unsuccessfully touched his finger to his nose.

"The smell of alcohol became very, very strong," Bryson said of his standing close to Baird.

In Bryson's estimation, "I definitely believe he was impaired. It was extremely obvious he was impaired."

Under questioning by Dodd, Binkley said Baird should have been able to count backward from 44. "He's very smart," said Binkley, who has known Baird for 20 years.

Baird's attorney, Bobby Guttridge, kept telling jurors police didn't take into account Baird having a balance problem called vertigo, which, the attorney said, affected how his client performed the sobriety tests, such as tilting back his head and closing his eyes when counting.

In opening arguments on Tuesday morning, Guttridge contended Baird was a victim of police officers' "rush to judgment."

When first stopped, Harrelson saw that Baird had a flowered Hawaiian lei around his neck. Because of that, police "never gave Baird the benefit of doubt," Guttridge said.

After he was stopped, Baird parked his Jeep without incident, the officer said, then took four steps that Harrelson judged to be "odd." Baird walked very deliberately, the officer said, and appeared unsteady.

Based on what he saw, and from being involved in 200 DUI cases, he said, "I felt he (Baird) was a possible DUI that needed to be investigated further."

Harrelson said he called a DUI investigation officer who conducted roadside tests and mentioned that the man being tested was the county administrator.

Guttridge intently questioned Harrelson for about 2 1/2 hours.

Baird was arrested and taken to the police department to take a Breathalyzer test, which Baird refused. Because of that, the state has revoked his driver's license for a year.

The trial resumes at 8:30 a.m. in County Judge David Morgan's courtroon in the Indian River County Courthouse.